Updated: Tuesday July 19, 2016/AthThulatha
Shawwal 14, 1437/Mangalavara
Asadha 28, 1938, at 12:18:07 AM
The
ORDINANCE NO. XL OF 2001
[18
An Ordinance to enable the establishment of Model Dini
Madaris to improve and secure uniformity of standards of education and for the
integration of the system of Islamic education imparted at dini madaris within
the general education system;
WHEREAS it is expedient to provide for
securing the registration, regulation, standardization and uniformity or
curricula and standard of education of the dini madaris imparting
specialized Islamic education in Pakistan with the general education system in
order to enable recognition of equivalence of the degrees, certificates and
asnad awarded by such institutions and to regulate their examination system and
the matters connected therewith or ancillary thereto;
AND WHEREAS there is need that the Dini
Madaris maintain their autonomous character and are better organized for
the promotion of full-fledged, comprehensive and specialized Islamic Education
along with subjects of general education system;
AND WHEREAS the President is satisfied
that circumstances exist which render it necessary to take immediate action;
Now, THEREFORE, in pursuance of the
Proclamation of Emergency of the Fourteen day of October, 1999, and the
Provisional Constitution Order No. 1 of 1999, read with the Provisional
Constitution (Amendment) Order No. 9 of 1999, and in exercise of all powers
enabling him in that behalf, the President of the Islamic Republic of Pakistan
is pleased to make and promulgate the following Ordinance:---
1. Short title, extent and
commencement.-(1) This Ordinance, may
be called the Pakistan Madrasah Education (Establishment and Affiliation of
Model Dini Madaris) Board Ordinance, 2001.
(2) It extends to the whole
(3) It shall come into force on such
date as the Federal Government may, by notification in the official Gazette,
specify in this behalf and different dates may be so specified for different
areas.
2. Definitions. In this Ordinance, unless there is anything repugnant
in the subject or context,---
(a)
“Academic council” means the Academic Council established under section 10;
(b)
“affiliated dini madaris” means the dini madaris or darul
ulooms which are affiliated with the Board;
(c) “Board”
means Pakistan Madrassah Education Board, constituted under section 3;
(d)
“Controlling Authority” means the Chairman of the Board;
(e) “Dini
Madaris” means religious educational institutions including Dini Madaris or
Darul Ulooms established for the purpose of imparting Islamic Education with
Islamic teachings and instructions as the principal competent of their
curricula;
(f) “Federal
Government” means the Ministry of Religious Affairs;
(g) “general
education system” means the education system as recognized by the Ministry of
Education, Government of Pakistan;
(h) “member”
means the member of the Board;
(i) “Model
Madrassah or Model Darul-Uloom” means a Madrassah or a Darul Uloom established
by or affiliated to the Board under this Ordinance;
(j) “Nazim
or Sadr” means the Nazim or Sadr of a Wifaq or Tanzeem;
(k)
“prescribed” means prescribed by rules or regulations made under this
Ordinance;
(l)
“qualifications” means any diploma, degree, sanad or other certificate in
recognition of having fully completed the necessary course of study or training
as recognized by the Board;
(m)
“regulations” means regulations made under this Ordinance;
(n) “rules”
means rules made under this Ordinance;
(o) “students”
means persons of any sex receiving education in a recognized or reputable
religious institution of good standard; and
(p)
“syllabi” means the curricula which shall comprise of Islamic Education as the
main competent and shall also include subjects of the general education system
as may be prescribed.
3. Establishment of the Board.-(1) As soon as may be after the commencement of this
Ordinance, the Federal Government shall, by notification in the official
Gazette, establish a Board to be known as the Pakistan Madrasah Education
Board.
(2) The Board shall be a body corporate
having perpetual succession and a common seal with power, subject to the
provisions of this Ordinance, to acquire, hold and dispose of property both
moveable and immovable, and may by the said name, sue and be sued.
(3) The headquarters of the Board shall
be at
(4) The Board may establish its
regional offices as and where it considers necessary.
4. Composition of the Board.-(1) The Board shall consist of the following members,
to be appointed by the Federal Government, namely:---
|
(i)
An educationist of eminence |
Chairman |
|
(ii)
Sadr or nazim of a wafaq or tanzim or rabitah to be appointed by the Federal
Government in consultation with the Chairman. |
Vice-Chairman |
|
(iii)
an education having experience in administrative matters. |
Secretary |
|
(iv)
Secretary, Ministry of Education or his nominee not below the rank of a Joint
Secretary. |
Member |
|
(v)
Secretary, Ministry of Religious Affairs or his nominee not below the rank of
a Joint Secretary. |
Member |
|
(vi)
Secretary, Ministry of Science and Technology or his nominee not below the
rank of a Joint Secretary. |
Member |
|
(vii)
Chairman, University Grants Commission or a Member nominated by him. |
Member |
|
(viii)
two Ulema who are or have been members of the Council of Islamic Ideology to
be nominated by the Chairman. |
Members |
|
(ix)
Director General, |
Member |
|
(x)
one Professor who is also a head of the Department of Islamic Studies in a
University. |
Member |
|
(xi)
Provincial Education Secretaries of all the four Provinces. |
Members |
|
(xii)
one President or Nazim of Wifaqs |
Members |
|
Members |
|
|
(xiv)
one President or Nazim of Rabita |
Members |
|
(xv)
Chairman, Inter-Board Co-ordination Committee (IBCC) |
Members |
|
(xvi)
two representatives of the Ministry of Science and Technology. |
Members |
(2) A member, other than an ex officio
member, unless earlier removed shall hold office during the pleasure of the
Federal Government.
(3) No person shall be appointed or
continue to be a member of the Board if he has been declared insolvent or is
convicted of an offence involving moral turpitude or is declared
disqualification from employment in, dismissed from, Government service.
(4) No person, who has committed
misconduct, directly or indirectly, or he himself or his partner has any share
or interest in a contract with, by or on behalf of the Board or is in any
employment under, by or on behalf of the Board, shall be appointed or continue
on the Board. On receipt of any such complaint against a member, the Board,
after giving the member an opportunity of hearing, shall decide the matter, and
send its recommendation to the Federal Government for its approval. The
decision of the Federal Government shall be final.
5. Powers and functions of the
Board.-(1) The Board shall have
powers to perform such functions and exercise such powers as are necessary or
conducive to implement and achieve the purposes of this Ordinance.
(2) Subject to the provisions of this
Ordinance and with due regard to the autonomy of a Wifaq or Tanzeem or Rabita,
the Board shall have the following powers and functions to perform:---
(a) to
establish such model madaris and model darul ulooms in which the Islamic
Education is the main component and includes courses and curricula of the
general education system as may be prescribed;
(b) to
regulate and approve conditions for affiliation of such existing madaris as
have duly been recommended by the Academic Council;
(c) to
approve the curricula, courses of study and conditions for holding of
examinations in the model dini madaris keeping in view the
recommendations of the Academic Council;
(d) to
organize teachers training programmes for the teachers of the model dini
madaris and dar-ul-ulooms in various social sciences and religious
courses;
(e) to grant
affiliation and to lay down the regulations and to approve conditions for
affiliation of existing madaris;
(f) to
suggest ways and means to bridge the existing gulf between the general
education system and the madaris by revising and improving the curricula of
Madaris and general education programs;
(g) to
approve the curricula, courses of study and the conditions for holding of
examinations in the Dini Madaris on recommendations of the Academic Council;
(h) to
appoint such officers and staff as it may consider necessary for the performance
of its functions and define their duties and lay down conditions of service;
(i) to
promote co-operation and co-ordination amongst existing Dini Madaris and their
organizations;
(j) to
approve equivalence of degrees, diplomas, sanads or certificates where
curricula includes subjects of the general education system;
(k) to
promote curricular and extra curricula activities in Model Dini Madaris and
Model Darul Ulooms;
(l) to
inspect or arrange for inspection of a Model Dini Madrasah or Model Darul Uloom
with a view to improve the performance of such Madrasah or the Darul Uloom;
(m) to
institute and award scholarships, medals and prizes subject to such conditions
as may be prescribed;
(n) to
assist in the development of libraries of Dini Madaris;
(o) to approve
the Annual Budget ;
(p) to
advise the Government in matters pertaining to model Dini Madaris;
(q) to
prescribed minimum conditions for admission of candidates to the examinations
conducted by the Board and to print all educational material necessary for
improving the standard of education;
(r) to
regulate and decide all administrative matters including creation and abolition
of posts under the Board;
(s) to enter
into or carry out or cancel any contract to administer, invest buy or sell any
moveable or immoveable property and assets;
(t) to spend
or incur expenditure as may be necessary for carrying out purposes of this
Ordinance;
(u) the
Board may delegate any of its functions and powers to any member or officer of
the Board or a committee or a sub-committee appointed by it;
(v) to hear
complaints, conduct enquiries and inspections and direct or recommend measures
for the improvement of any dini madaris established by or affiliated to the
Board; and
(w) to exercise inter alia all powers as given in this
Ordinance, and to perform all other acts necessary for carrying out the
purposes of this Ordinance.
6. Visitation. The Board may cause an inspection or inquiry to be
made in respect of any matter connected with the affairs of a Model Dini
Madarsah or a Model Darul Uloom and shall from time to time appoint such
persons as it may deem fit for the purposes of carrying out such inspection or
inquiry and to submit its report to the Board.
7. Meetings of the Board.-(1) The meetings of the Board shall be called by the
Chairman on such date, time and place as he may decide:
Provided that not more than six months
shall intervene between the two meetings of the Board and at least eight days
written notice sent by registered post or courier shall be given to the members
specifying the agenda, date, time and place of the meeting.
(2) The Chairman or, in his absence the
Vice-Chairman, shall preside over the meetings of the Board.
(3) One half of the total members of
the Board shall constitute a quorum for the meeting of the Board, a fraction
being counted as one.
(4) the decision of the Board shall be
taken by the majority of its members present and voting, and in case of a tie,
the Chairman shall have a casting vote.
8. Chairman.-(1) The Chairman of the Board shall be its principal
executive officer and shall preside over the meetings of the Board.
(2) The Chairman shall exercise such
powers and perform such functions as may be assigned to him by the Board and
shall be responsible for the proper running of the affairs of the Board.
(3) In the absence of the Chairman, the
Vice-Chairman shall exercise such powers and performs such functions as the
Board may assign.
9. Secretary.-(1) There shall be a Secretary of the Board who shall
be a full time officer appointed by the Federal Government on such terms and
conditions as it may determine.
(2) The Secretary shall be the
Administrative Officer of the Board and shall ensure subject to the approval of
the Chairman that the orders of the Board and the Chairman are carried out and
shall execute decisions for and on behalf of the Board. He shall also act as
Secretary of the Academic Council.
(3) The Secretary shall with the
approval of the Chairman send notice of a meeting. The notice of the meeting
and agenda shall be sent to every member of the Board by registered post or
courier.
(4) The Secretary shall ensure that all
funds are spent for the purpose for which they are granted, allocated or
authorized and shall prepare and submit annual statement of accounts and budget
estimates for the approval of the Board.
(5) The Secretary shall maintain in
minutes of the meetings of the Board and its records and perform such other
duties and functions as may be assigned to him by the Board.
(6) The Secretary shall
also act as the Registrar of the Board and shall perform such functions as may
be assigned to him in this connection by the Board.
10. Academic Council.-(1) There shall be an Academic Council of the Board
to advise and assist it in the performance of its functions.
(2) The Council shall consist of the
following members, to be appointed by the Board, namely:---
|
(1)
Chairman of the Board |
Chairman |
|
(2)
a representative of the Ministry of Education. |
Member |
|
(3)
a representative of the Ministry of Science and Technology. |
Member |
|
(4)
Director General Research, Ministry of Religious Affairs, Zakat and Ushr. |
Member |
|
(5)
Chairman, Inter-Board Co-ordination Committee. |
Member |
|
(6)
two eminent scholars |
Member |
|
(7)
one eminent scientist |
Member |
|
(8)
one eminent educationist |
Member |
(3) The Academic Council shall be the
Advisory Committee of the Board and shall, subject to the provisions of this
Ordinance, have powers to determine and recommend proper standards of teaching
and instructions, syllabi and examinations for the model Dini Madaris and Darul
Ulooms, for consideration and approval by the Board.
11. Establishment and affiliation of
dini madaris.-(1) A Dini
Madrassah or Darul Uloom may apply for affiliation under section 12.
(2) The Board may establish Model Dini
Madaris and Model Darul Uloom for the purposes of this Ordinance.
12. Affiliation.-(1) Any institution (Dini darul uloom or dini
madrassah) may apply to the Board for affiliation in accordance with the
procedure as the Board may prescribe.
(2) The Board shall consider the
application and may reject or grant affiliation on such terms and conditions as
may be prescribed. The decision of the Board in any such matter shall be final.
13. Syllabi.-(1) Every dini madrassah and dar-ul-uloom
affiliated with the Board shall teach Islamic education as the main competent
and shall also include such subjects of general education system as may be
prescribed by the Board.
(2) Where an affiliated dini
madrassah or dar-ul-uloom contravenes the provisions of
this Ordinance or any direction of the Board it may cancel the affiliation of
such madrassah or dar-ul-uloom after giving the madrassah or
Darul uloom as the case may be an opportunity of hearing.
14. Officers and
servants of the Board to be public servants. The officers and servants of the Board shall be deemed to be public
servants within the meaning of section 21 of the Pakistan Penal Code (Act XLV of 1860).
15. Officer and other staff. The Board may appoint such officers and staff as it
may consider necessary for carrying out the purposes of this Ordinance.
16. Delegation of powers. The Board may, by order in writing and subject to such
conditions as may be specified in the order, direct that any specific power or
functions shall be exercisable by the Chairman or a member of the Board for a
specified period which shall not extend for more than six months at a time.
17. Fund.-(1) There shall be established a fund to be known as
Pakistan Madrasah Education Fund to which shall be credited all
income of the Board including income from endowments and grants from the
Federal Government, the Provincial Government or other organization:---
Provided that any grant from an
international agency shall not be accepted without sanction of the Federal
Government.
(2) The funds of the Board may be used
to finance the programme and activities of the model darul uloom
and model dini madaris established by or affiliated to the Board.
18. Accounts and audit.-(1) The Board shall maintain complete and accurate
books of accounts of its actual expenses and receipts and annually submit its
report to the Federal Government.
(2) The Board shall cause to be carried
out audit of its accounts by one or more auditors who are chartered accountants
within the meaning of the Chartered Accountants Ordinance, 1961 appointed by
the Federal Government in consultation with the Auditor-General of Pakistan
from a penal of chartered accountants proposed by the Board on such
remuneration as the Federal Government may determine and annually submit its
audited accounts to the Auditor General of Pakistan.
19. Indemnity. No suit, prosecution or other legal proceeding shall
lie against the Chairman, any member of the Board or a committee thereof or an
officer or employee of the Board, in respect of anything in good faith done or
purported to have been done under this Ordinance or regulation made thereunder.
20. Power to make rules.-(1) The Board may, in consultation with the Federal
Government, by notification in the official Gazette, make rules for carrying
out the purposes of this Ordinance.
(2) Without prejudice to the generally
of the powers conferred by sub-section (1), such rules may provide for all or
any of the following matters, namely:---
(a)
finances;
(b) general
administration;
(c) management of assets and matters ancillary thereto; and
(d) such
other matters as may be necessary for giving the effect to the provisions of
this Ordinance,
21. Power to make regulations.-(1) The Board may, by notification in the official
Gazette, make regulations for carrying out the purposes of this Ordinance.
(2) Without prejudice to the generally
of the foregoing powers, such regulations may provide for all or any of the
following matters, namely:---
(a)
constitution of the committees, the appointment of the employees of the Board
and their terms and conditions of service;
(b) matters
relating to pension and provident fund for the benefit of the employees of the
Board;
(c)
admission, curricula, conduct of courses of study, quality institutions,
regulation of examination and award of degrees and matters ancillary thereto;
and
(d) such
other matters as may be necessary for giving effect to the provisions of this
Ordinance.
22. Removal of difficulties. If any difficulty arises in giving effect to any of
the provisions of this Ordinance, the Federal Government may, on the
recommendations of the Board make such order, not inconsistent with the
provisions of this Ordinance, as it may consider necessary for the removal of
difficulty.
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